Hey, as follows: After an unsuccessful motion by mr. J. S. Smith to recommit the bill for the purpose of increasing the salaries of the district judges, The bill was ordered to be engrossed, and the house adjourned. Friday, Feb. 12. Among the petitions presented and referred this morning, was one by Mr. Mason, of Mass. from Benjamin Dearborn, of Boston, stating that he has invented a mode of propel ling wheel carriages by steam, well calculated for the conveyance of the mail and any number of passengers, and which will be perfectly secure from robbers on the high way-and praying that congress may direct au experiment to be n.ade, to test the utility of the invention. Mr. Taylor, from the committee of revisal and unfinished business, reported a bill concerning the allowance of pensions upon s relinquishment of nounty land; which was read twice, and ordered to be engrossed for a third reading.. Mr. Herbert, from the committes on the district of Columbia, Mr. Livermore, from the committee on the post office and post YEAS-Messrs. Abbot, Anderson of Ky. Barber, of Ohio, Bay. des, B., cher. Biourfield, Campbell, Colston, Crawford, Crugor, Cukivman, Davids, Desin, Drake, Fuller, Gilbert, Hall, of Del. Harrison, Hendricks, Herbert, Hurrick. Hitchcock, Holmes, How tester. Hubbard, Hunter, Johnson of Ky, Jones, Kinsey, Lincoln, Lino, Laule, Livermore, Lowndes, M'Lane of Del. M'Leau, of li. Mason, of Mass. Mercer, Middi ton, Mils, Samuel Moore, Moseley, Miray, Jr. Nelson. Neshit, New, Newton, Ogden, Parrott, Pat-trict into two in each town.] trs, Pinia, Poindexter, Porter, Quartes, Reed, Rier, Rich, Ringguld, Robertson, Ruggles, Schuyler, Seybert, Sherwood, Sisbee. Siukins, S. Smith, Bal. Smith, Speed, Storrs, Strother, Stuart, of M. Tarr, Taylor, Tert-ll, Terry, Trimble, Tucker, Va. Lpham, Walker, Ky. Walace, Westerlo, Wintman-82. NAYS-Messrs. Adams, Anderson, of Pa. Austin, Baldwin, Ball, Barbour of Va. Bassett. Beunett, Blount, Boden, Burwell, Cla- Resolved, That a committee be appoited jointly with such compett, Comstock, Cook, Crafts, Darlington, Edwards, Ellicott,mittee as way be appointed by the senate, to enquire what subFis, r. Floyd. Garnett, Hale, Hall, of N. C. Hasbrouck, Herki jects before the two houses it will be proper to act on during the mer, Hiester, Hogg, Hopkinson, Huntington, Irving, of N. Y. present session. Jh son, of Va. Kirtland, Lawyer. W. Maclay, M Coy, Mareband, Maso R. 1. Merrijl, Robert Moore, Morton, H. Nelson, Orr, Palmer, Pawling, P. gran, Pitkin, Rhea, Richards, Kogers, Samp sun, Savage, Sawyer, Scudder, Sergeant, Settle, Slocumb, J. S. South, Southard. Spencer, Stewart, N. C. Talimadge, Tompkins, Townsend, Tucker. S. C. Tyer, Wendover, Whiteside, Willams, Conn. Williams, N. Y Williams, N. C. Wilson, Pen. -71. Mr. Taylor then moved the same amendment, to come in after the appropriation of 250,000 dollars for discharging claims due and becoming due under existing contracts for making said road; which was agreed to nem, cons Mr. Johnson, of Virginia, then offered an amendment, which, after some discussion, in which mr. J. supported by mr. Smith, of Md. and mr. Lowndes, made some remarks, principally explana tory, was agreed to, as follows For a deficiency in the appropriations of former years for the payment of expenses on foreign intercourse, including losses on drafts and the difference of exchange, 25,000 dollars." This item as it originally stood in the bill read For a deficiency in the appropriation for the year 1818 for contingent expenses of said missions-(Rio Janeiro, Madrid, Loudon, Hague, and St ckholm) 25,000 dollars. Mr. Johnson, of Virgins, moved to reduce the contingent appropriation for defraying the exp nses attending intercourse with foreign nations (generally called the secret_service fund) from 50,000 to 30,000 dollars; which motion mr. J. supported at some length, and replied to by messrs. Smith, of Md. and Lowndes, and was finally agreed to-ayes 70, noes 54. The bill was ordered to be engressed for a third reading; and the house proceeded to the cousideration of the amendments reported by the committee of the whole to the bill to increase the salaries of certain officers of the government, viz.-to increase al so the compensation of the chief justice and judges of the supreme court. Considerable debate agam took place on this amendment, in which messrs. Holmes, Hopkinson, Livermore and Mills, participated. The amendment was finally concurred in by a large majority. Mr. Strather then moved the indefinite postponement of the bill, which motion he supported in a speech of considerable length, a gainst the bill; and was replied to briefly by mr. Johnson, of Ky. when the question was taken on postponing the bill indefinitely and decided in the negative, by yeas and nays, as follows The engrossed bill making appropriations for the support of government for the year 1819, was read the third time, passed, and sent to the senate for concurrence. The bill from the senate to increase the salaries of certain offi cers of the government, was read the third time, as amended by the house, and the question on its passage decided, by yeas and nays, as follows: YEAS-Messrs. Adams, Allen, Mass. And rson, Ken. Barber, Ohio, Bassett, Beecher, Bionit, Butler, Lou. Clagett, Cobb, Coiston, Comstock, Cruger Cushman, Darlington, Davidson, Ellicott, Fisher, Floyd, Fuller, Hale, Hall, Del, Herb rt, Hitchcock, Holmes, Hopkinson, Hubbard, Johnson,Ken. Kinsey, Kirdland, Lawyer, Lin coln, Little, Livermore, M’Lane, Del. Mason, Mass. Mercer, Middle ton, Mills, Moseley, Jer, Nelson, Nesbitt, Newton, Oglen, Palmer Parrott, Pawling, Pindall, Pitkin, Pleasants, Poindexter, Quarles, Rhea, Ries, Rich, Ringgold, Roux rtson, Ruggles, Schuyler, Seybert. Sherwood, Silsbee, Simkins, S. Smith, Alex. Smyth, Spencer, Storrs, Stuart, Md, Taylor, Terry, Wendover, Westerlo, Whitman, Wilkin, Williams. Con. Wilson, Mass--76. NYS.-Messrs. Austin, Ball. Barbour, Vir. Bateman, Bayley, Bennett, Boden, Burwell, Campbell, Cook, Crafts, Culbreth, Desha, Edwards, Garnett, Gilbert, Hail, N. C. Hendricks, Herki mer, Heirick, Huntington, Johnson, Va. Linn, M.Lean Ill. W. Maclay, W. P. Maclay. M'Coy, Marchari, Merrill. Robt. Moore, Sam. Moore, Morton, H. Nelson, Patterson. Pegram, Michards, Rogers, Sampson, Savage, Scudder, Settle, Shaw, Bal. Smith, Southard, Stewart, N. C. Strother, Tarr, Tompkins, Tucker, S. C. Tyler, Walker, N. C. Wallace, Whiteside, Williams, N. Y. Williams, N. C. Wilson, Pen.-56. So the bill was passed, and returned to the senate for coneurrence in the amendments. Mr. Williams, of N. C. agreeably to the intimation which he gave yesterday, submitted the following resolution: Resolved, That the military peace establishment of the United States shall consist of such proportions of artillery, infantry, and riflemen, not exceeding in the whole 6,000 men, as the president of the United States shall judge proper; and that the committee on military affairs be instructed to report a bill for that purpose. Mr. Billiams supported his proposition in a speech nearly two hours in length. Mr. Harrison, of Ohio, replied, and spoke also at considerable length against the proposition to reduce the army. When he had concluded YEAS-Messrs. Austin, Bail, Barbour of Va. Bateman. Bayley the question, which the lateness of the bour opposed to-day, movMr. Simkins, of S. C. intimating a wish to offer his opinions on Bennett, Burwell, Campbell, Cook, Crafts, Culbreth, Davidson, Disha, Edwards, Folger, Garnett, Hall of N. C. Hasbrouck, Hered an adjournment, which motion was agreed to; and kiner, Herrick, Hogg, Hunter, Heatington, Johnson, of Va. Linn, M'Lase of Ill. W. Maclay, W. P. Maclay, M'Coy, Merrill, Robert Moore, Morton, Murray, H. Nelson, Patterson, Pegram, Richards, Rogers, Sampson, Savage, Sawyer, Scudder, Settle, Shaw, Slo cumb, Bal. Smith, J. S. Smith, Southard, Speed, Stewart N. C Strother, Tarr, Tompkins, Townsend, Tucker of S. C. Tyler, Waker of Ky. Williams of N. Y. Williams of NC 59. NAYS-Messrs. Abbot, Adams, Allen of Mass. Baldwin, Barber. of hio, Bassett, Beech r, Bloontick, Butler, of Lou. Clagett, Cobb, Colston, Comstock, Crawford, Cruger, Cushman, Darlig ton, Earle, Ellicott, Ervin of S. C. Fisher, Floyd, Foiler, Gage Hale, Hall of D.1. Harrison, Herbert, Hitchcock, Holmes, Hop- The bill supplementary to the acts concerning the coasting kinson, Hostetter, Hubbard, Irving of N. Y Johnson of Ky. Jones trade; and the I for the erection of an equestrian statue of the Kinsey, Kirtland, Lawyer, Lincoln, Little, Livermore, Lowndes, late gen. George Washington, on the capitol square, were receivM'Lane Del, Mason, Mass. Mason of R. 1. Merc r. Middletoned from the senate, and severally twice red; the first was referred Mills, Samuel Moore, Mosely, Jer. Nelson, Nesbitt, Ogden, Orr. to the conamitter of ways and means, and the second committed to Paimer, Partott, Pawling, Piodall, Pitkin, Pleasants, Poindexter, a committee of the whole hous. Purter, Reed, hea, Rice, Rich, Ringgold, Robertson, Ruggles, Schuyler, Srgeat, Sykert, Sh rwood, Silsbee, Simpkins, S. South, Spener, Storrs, Talmadge, Taylor, Terrell, Terry, Tue. ker Va. Upham, Wallace, Wendover, Westerlo, Whitman, Wilkin, Wabas, Conn. Wilson, of Mass. Wison of Pa.-93. The house adjourned, after 4 o'clock. Saturday, Feb. 13. The engrossed bill concerning the allowance to pensioners upon a relinquishment of bounty lands, was passed and sent to the senate. The bills from the senate providing for a grant of land for the seat of government of the state of Mississippi; and for the support of a seminary of learning within the said stat; and authorizang the president of the United States to purchase the lands reserved by the act of the 3d of March, 1817, to certain ebiefs and warriors or other Indians of the Creek nation, were severally read the third time, passed and returned to the senate. Mr. Whitman the renewed the motion which he had made in committ e of the whole, to increase the salaries of the assistant post masters general to 2500 doliars, and supported his motion by reference to sundry facts, to prove its necessity. The motion was agreet! to, and, The house then proceeded again to the consideration of the re solution offered by Mr. Williams, of N. C. to reduce the army of the United States. Mr.J. S. Smith, of N. C. moved to amend the resolution by adding thereto the following: Resolved. That the act or acts of congress authorizing the ap pointment of two major generals be repealed, and that the office of major general, in the military peace establishment of the United States, be dispensed with Resolved, That the residue of the staff of the army of the United Mr. Simkins took the floor in opposition to the resolutions, and spok: oearly an hour against reducing the army. Mr. Sawyer spoke a short time in favor of the resolutions. Mr. Sterra opposed the resolutions, and replied at some length to the advocates of the proposition. Mr. Livermore spoke bri fly in favor of reducing the army. Mr. Johnson, of Ky. opposed it, and spoke a short time in an swer to those who advocated the reduction. Mr. Holmes, after stating that there were but fifteen days remaining of the session, &e, inoved that the resolutions, &e. be laid outh table. The question was then taken ou laying the resolutions on the table, and decided in the affirmative, as follows whole, Mr. Smith, of Md. in the chair, on the bill to authorize the people of the Missouri territory to form a constitution and state government, and for the admission of the same into the union, The question being on the proposition of Mr. Tallmadge, to amend the bill by adding to it the following proviso: "And provided, That the further introduction of slavery or in voluntary servitude, be prohibited, except for the punishment of crines whereof the party shall have been fully convicted; and that all children born within the said state, after the admission thereof into the union, shall be free at the age of twenty-five years.'' The debate which commenced on Saturday, was to-day resumed on this proposition; which was supported by Mr. Taylor, Mr. Mills, Mr Livermore, and Mr. Fuller, and opposed by Mr. Barbour, Mr. Pindall, Mr. Clay, and Mr. Holmes. This debate, which was quite interesting, involved two questions; one of right, the other of expediency. Both were supported by the advocates of the amendinent, and generally opposed by it s YEAS-M- ssrs. Abbot, Anderson, Ky. Baldwin, Barbour, Va. opponents. On the one land, it was contended that congress had Bassett, Bennett, Butler, of Lau. Clagett, Clairborne, Comstock, no fight to prescribe to any state the details of its government, Crawford, Cruger. Culbreth, Davidson, Folger, Harrison, Has any further than it should be republican in its form; that such a brunek, Herrick, Hitcheek, Holmes, Hopkinsou, Hunter, Irving, power would be nugatory, if exercised, since, once admitted into N. Y. Johnson, Va. Johnson, Ky. Jones, Kinsey, Lawy r, Lewis, the union, the people of any state have the unquestioned right to Lincoln, Linn, Little, Ma Lane of DA. M'Lean of Ill. M'Coy, Merassend their constitution of government, &c. rill, Middie-ton, Sarauej Moore, H. Nelson, New, Newton, Ogden, Parrott, Pawing. På gram, Pleasants. Poindexter, Porter Rhea, Rich, Ringgold, Robertron, Sergeant, Seybert, Simkius, S. Sunith, Pa Smith, Southard, Speed, Storrs, Strong, Tallmadge, Terrell, Tompkins, Trimble, Tucker of Va. Tyler, Upham, Waiker of Ky. Wendover, Wilkia.-71. NAYS-Messrs Adamus, Allen, Mass. Ball, Bayley, Beecher, Bellinger, Bodes, Burwell, Campbell, Cobb, Colston, Cook, Darling tou. Desha, Earle, Edwards, Fisher, Gage, Garnett, Gilbert, Hale, Hali of D. 1. Hail of N. C. Hudricks, Herb rt, H_rkimer, Hiester, Hogg, Hostetter, Hantington, Livermore, W. Maclay, W. P. Maclay. Marchand, Mason of R. I. Mercer, Mills, Rout. Moore, Murray, Jer. Nelson, Orr, Patterson, Rice, Richards, Sampson, Savage, Sawyer. Scadder, Settle, Shaw, Sherwood, Slocumb, J. S. Smith, Stewart of N. C. Stuart of Md. Taylor, Terry, Tucker of S. C. Walk r of N. C. Whiteside, Whitman, Williams of Coun. Wilhams of N. Y. Williams of N. C. Wilson of Mass. Wilson of Pa-66. So the resolutions were laid on the tabie. The house then, on the motion of Mr. Scott, resolved itself into a committee of the whole, Mr. Smith, of Md. in the chair, on the bills to enable the people of the territories of Missouri and Alabama to lurin state governments. The bill relating to the Missouri territory was, the first in or der, and the first taken up. The committee were busily occupied until half past 4 o'clock, in maturing the details of this bill, and discussing propositions for its amendment; in which Messrs. Scott, Robertson, Mills, Har rison, Anderson, of Ky. Desha, Tallmadge, Clay and Barbour, participated. On the other hand, it was as strongly contended that congress had the right to anuex conditions to the admission of any new state into the union; that slavery was incompatible with our republicau institutions, &c. Besides the above gentlemen, Mr. Harrison and Mr. Hendricks spoke on points incidentally introduced into the debate. The question being put on the motion of Mr. Tallmadge, to amend the bill, the vote was For the amendment So the amendment was agreed tn. 79 67 The house then proceeded in the further consideration aud ma turing of the provisions of the bill; which occupied the house until the usual hour of adjournment. Tuesday, Feb. 6.-Several bills pass.d through diff, rent stages of their progress. Mr. Williams, of North Carolina, moved to proceed again to the consid ration of the proposition to reduce the army; which motion was rejected by a majority of abo 10 votes. The house then proceeded to the consideration of the amend ments reported by the committee of the whole to the bill for authorising the people of the territory of Missouri to form a consti tution and state government, and for the admission of the same into the Union. [The amendments was agreed to, slavery prohibited in the proposed state-see the particulars in the last voluini, page 478. This business and the debates upon it occupied the remainder of the day.] the chamber of commerce of the city of New York, praying that Wednesday, Feb. 17. Mr. Wendover presented a memorial of In the course of the consideration, Mr. Tallmadge moved anno measure may be adopted tending to dissolve the charter of the amendment, substantially, to limit the existence of slavery in the bank of the United States, but that the evils alleged may be cornew state, by declaring all free who should be born in the territorected, and the bank permitted to continue its operations; and ry after its admission into the union, and providing for the gradu- Mr. Tyler presented a siðifår memorial from sundry citizens of ai emancipation of those now held in boudage. the city of Richmond; both of which memorials were read and res This motion gave rise to an interesting and pretty wide debate,ferred to the committee of the whole house, to whom was coinIn which the proposition was supported by the mover, and by mitted the report on the bank, &c. Messrs. Livermore and Mills; and was opposed by Messrs. Clay, (Speaker) Barbour and Pindail; but before any question was ta ken. The committee rose; and the house adjourned. Monday, Feb. 15.-The speaker laid before the house a letter from the treasurer of the U. States, transmitting statements of his arcotints; which letter and statements were ordered to lie on the table. The bill from the senate, "supplementary to the acts concerning the coasting trade," which had been referred to the committee of ways and means, was reported by mr. Smith, of Md. without aniend ment. This bill, it will be recollected, proposes to divide the rea coast and rivers therein, into four districts, as heretofore stated in detail] southern limits of Georgia; the 24 district from the river Perdido to the western linfits of the Unite States. This motion gave rise to a discussion of the merits of the bill, as well as the particular proposition; in which in srs. Silsbee, Orr, Smith of MJ. Livermore, and Whitman, took part; and the de bate had proceeded for some time, when Mr. Silsbee moved an amendment to the bill, which proposed, in effect, to divide the sea coast of the United States into two dis Among the memorials presented to-day was the following? tricts, instead of four, as contemplated by the bill; the first disBy Mr. Sergeant, the pitition of sundry merchants of Philadel-triet to extend from the easternlicits of the United States, to the phia, stating, that, late in the year 1806, they made large ship ments in American and colonial produce from ports of the United States to the port of Antwerp, in France; that the vess is in which their shipments were made were carried into England, under the Orders in Council of Great Britain, and, after being subjected to illegal duties, were released; that, upon their arrival at the port of Antwerp, the ships with their cargoes, were seized under the decrees of France, commonly called the Berlin and Mi'an decrees, and were sold, and the proceeds paid into treasury of France; that all their efforts to obɩsin redress have been unavailing, and praying that such measures may be adopted by the government of the U. States as will induce that of France to grant them compensation for their property, as well as for its detention. Mr. Trimble, to give further time for considering a proposizion so important in its character, moved to lay the bill on the table; which motion prevailed, and The bil! was laid on the tables Mr. Spencer, from the committee appointed on the 19th of April last, to enquire into the official conduct of Wm. P. Van Mess and o: Matthias B. Tallmadgy judges of the southern and northern districts of New-York, and or William Stephens, judge of the diss The memorial was read, and referred to the secretary gf state, A petition was also presented by Mr. Pindall, from sundry inba-triet of Georgia, ma le a report, touching the official conduct of bitants of the state of Virginia, praying to be permitted to settle the two first named gentlemen; which was read, and ordered to on Columbia river, in the Missouri territory, at a point below these on the table art be printed head of the navigation ou said river; and referred to the committee en public lands. A memorial was prosented, also, by Mr. Speaker, from George Villiams, explanatory of bis conduct as a director, on the part of the government, of the bank of the United States; which was read and ordered to lie on the table. Mr. Smith, of Md. reported a bill making an appropriation for arying into effet the provisions of an act passed on the 1st day of March, 1817, making reservation of certain public lands to supply timber for naval purposes;" which was twice read and comwired. Mr. Johnson, of Ky renorted a bill for establishing an additional military academy, and a mintary school of application; which was Die real and comeitraal. 16. house having again resolved itself into a committee of the | Several bills passed through different stages, or were passed. The engrossed bill to authorize the people of the refritory of Missouri to form a constitution and state government, and for the admission of such state into the union on an equal footing with the original states, was read the third time and passed, ani sent to the senate. The house then resulved itself into a committee of the whole, Mr. Smith, of Md. in the chair, on the bill to provide a territorial government for the southern part (the Arkansaw country) of the Missouri & rritory. Mr. Taylor, e New York, moved to amend the bill by inserting a clause (similar to that corporated, on the notion of Mr Fallmadge, in the Missouri bil) to prohibit the existence of slavery in the new territory. ! This motion gave rise to a wide and long continued debate condition on a territorial government, instead of, as in the former covering part of the ground previously occupied on this subject, tive powers of those who are equally the represen. but diff ring in part, as the present proposition was to impostatatives of the people, to be adjusted, if not put at case, to enjoin the adoption of the principle in the constitution of rest by the practice of the government, ought to rea state, and as it applied to a more southern territory. The motion was advocated by Messrs. Taylor, Tallmadge, Liver.ceive a considerable impression from that practice, more, Spencer, and Cushman, and was opposed by Messrs. Clay, An exposition of the constitution, deliberately esRobertson, Walker of N. C. Tyler, Hugh Nelson, Storrs, Johnson of tablished by legislative acts, on the faith of which Va. Barbour of Va. M'Lane of Del. and Kinsey. Several of the gentlemen spoke more than once, and the debate was maintained, an immense property has been advanced, ought not to be lightly disregarded. with much animation, until near 4 o'clock. The question was finally taken on the first part of the motion (it having been divided) in the following words: "That the further introduction of slavery or involuntary servitude be prohibited, except for the punishment of crimes, of which the party shall have been duly convicted;" Aud was decided in the negative, Against it 69 80 The remaining part of the proposition to declare all the children free after 25 years of age, who shall be hereafter born in the territory, was negatived without a division. The power now contested was exercised by the first congress elected under the present constitution. The bill for incorporating the bank of the United States did not steal upon an unsuspecting legislature and pass unobserved. Its principle was completely understood, and was opposed with equal zeal and ability. After being resisted first in The committee then proceeded with the bill, and having gone the executive cabinet, with as much persevering the fair and open field of debate, and afterwards in through it, next took up the bill For enabling the people of Alabama to form a constitution and talent as any measure has ever experienced, and state gevernment, and for the admission of the same into the being supported by arguments, which convinced union on a footing with the original states. Much time was busily employed by the committee in receiving minds as pure and as intelligent as this country can and disposing of various amendments proposed to the details of boast, it became a law. The original act was perthis bill, and in considering and deciding on its provisions-Messrs.mitted to expire, but a short experience of the emCrowell, Poindexter, Cobb and others entered into the discussion barrassments to which the refusal to revive it exposThe committee negatived one or two nations to rise, and persevered through the bill, when most prejudiced against the measure, of its necessied the government, convinced those, who were ty, and induced the passage of the present law. It would require no ordinary share of intrepidity to assert that a measure adopted under these circumstances was a bold and plain usurpation, to which the constitution gave no countenance. The committee rose, and reported both bills to the house, with the amendments made there to; and, at near 5 o'clock, The house adjourned. TO BE CONTINUED. Bank of the United States. VS. The state of Maryland.J court: These observations belong to the cause; but they are not made under the impression that, were the question entirely new, the law would be found irreconcileable with the constitution. In discussing this question, the counsel for the In the case now to be determined; the defendant, state of Maryland have deemed it of some impora sovereign state, denies the obligation of a law en-tance in the construction of the constitution, to conacted by the legislature of the union, and the plain-sider that instrument not as emanating from the tiff, on his part, contests the validity of an act which people, but as the act of sovereign and independent has been passed by the legislature of thai state.-states. The powers of the general government, it The constitution of our country, in its most interest-has been said, are delegated by the states, who ing and vital parts, is to be considered; the conflict-alone are truly sovereign, and must be exercised in ing powers of the government of the union and of subordination to the states, who alone possess suits members, as marked in that constitution, are to preme dominion. be discussed; and an opinion given, which may essentially influence the great operations of the go- The convention which framed the constitution was It would be difficult to sustain this proposition.vernment. No tribunal can approach such a ques-indeed elected by the state legislatures. But the tion without a deep sense of its importance, and of instrument, when it came from their hands, was a the awful responsibility involved in its decision.-mere proposal, without obligation, or preetusions to But it must be decided peacefully, or remain ait. It was reported to the then existing congress of source of hostile legislation, perhaps of hostility of the United States, with a request that it might “be a still more serious nature, and if it is to be so decid-submitted to a convention of delegates, chosen in ed, by this tribunal alone can the decision be made. each state by the people thereof, under the recomOn the supreme court of the United States has the mendation of its legislature, for their assent and raconstitution of our country devolved this important tification." This mode of proceeding was adopted; duty. state legislatures, the instrument was submitted to and, by the convention, by congress, and by the It has been truly said, that this can scarcely be on which they can act safely, effectively and wisely, the people. They acted upon it in the only manner considered as an open question, entirely unpreju- in such a subject, by ass embling in convention. diced by the former proceedings of the nation re-is true, they assembled in their several states-and specting it. The principle now contested was in- where else should they have assembled? No politroduced at a very early period of our history, batical dreamer was ever wild enough to think of been recognized by many successive legislatures, breaking down the lines which separate states, and and has been acted upon by the judicial department of compounding the American people into one com In cases of peculiar delicacy, as a law of undoubted mon mass. obligation. Of consequence, when they act they do not, on that account, cease to be the measures of act in their states. But the measures they adopt the people themselves, or become the measures of the tate governments. The first question made in the cause is, Has congress power to incorporate a bank? It It will not be denied, that a bold and daring usurpation might be resisted, after an acquiescence still longer and more complete than this. But it is conceived that a doubtful question, one on which human reason thay pause and the human judgment be its whole authority. The government proceeds di From these conventions the constitution derives. suspended, in the decision of which the great prin-rectly from the people: is ordained and establishof liberty are not concerned, but the respec-led" in the name of the people; and is declared to be ordained "in order to form a more and perfect The government of the United States, then, union, establish justice, ensure domestic tranquili- though limited in its powers, is supreme; and its ty, and secure the blessings of liberty to themselves laws, when made in pursuance of the constitution, and their posterity." The assent of the states inform the supreme law of the land, "any thing in the their sovereign capacity is implied in calling a con-constitution or laws of any state to the contrary notvention, and thus submitting that instrument to the withstanding." people. But the people were at perfect liberty to Among the enumerated powers, we do not find accept or reject it, and their act was final. It re-that of establishing a bank or creating a corporation. quired not the affirmance, and could not be nega- But there is no phrase in the instrument which, like tived, by the state governments. The constitution, the articles of confederation, excludes incidental or when thus adopted, was of complete obligation, and implied powers; and requires that every thing grant bound the state sovereignties. ed shall be expressly and minutely described. Even It has been said, that the people had already sur-the 10th amendment, which was framed for the purrendered all their powers to the state sovereignties, pose of quieting the excessive jealousies which had and had nothing more to give. But surely the ques-been excited, omits the word "expressly," and detion whether they may resume and modify the pow-clares only that the powers," not delegated to the ers granted to government does not remain to be United States, nor prohibited to the states, are resettled in this country. Much more might the le-served to the states or to the people," thus leaving gitimacy of the general government be doubted, the question, whether the particular power which had it been created by the states. The powers de- may become the subect of contest has been delegated legated to the state sovereignties were to be exer-to the one government, or prohibted to the other, cised by themselves, not by a distinct and indepen- to depend on a fair construction of the whole instrudent sovereignty, created by themselves. To the ment. The men who drew and adopted this amendformation of a league such as was the confedera-ment had experienced the embarrassment resulting tion, the state sovereignties were certainly compe- from the insertion of this word in the articles of content. But when "in order to form a more perfect federation, and probably omitted it to avoid those union," it was deemed necessary to change this al-embarrassments. A constitution, to contain an acliance into an effective government, possessing curate detail of all the subdivisions of which its great great and sovereign power and acting directly on powers will admit, and of all the means by which the people, the necessity of referring it to the peo-they may be carried into execution, would partake ple, and of deriving its powers directly from them, of the prolixity of a legal code, and could scarcely was felt and acknowledged by all. he embraced by the human mind. It would probably The government of the union, then, whatever never be understood by the public. Its nature, may be the influence of this fact on the case, is, em-therefore, requires that only its great outlines should phatically and truly, a government of the people.-be marked, its important objects designated, and Inform and in substance it emanates from them.-the minor ingredients which compose those objects Its powers are granted by them, and are to be exer- be deduced from the nature of the objects themcised directly on them, and for their benefit. This government is acknowledged by all to be one of the enumerated powers. The principle that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightenedfriends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted. But the question respecting the extent of the powers actually granted, is perpetually arising, and will probably continue to arise as long as our system shall exist. selves. That this idea was entertained by the framers of the American constitution, is not caly to be inferred from the nature of the instrument, but from the language. Why else were some of the limitations, found in the ninth section of the 1st article, introduced? It is also, in some degree warranted by their having omitted to use any restrictive term which might prevent its receiving a fair and just interpretation. In considering this question, then, we must never forget that it is a constitution we are expounding, Although, among the enumerated powers of In discussing these questions, the conflicting pow-government, we do not find the word "bank" or ers of the general and state governments must be incorporation," we find the great powers to lay and brought into view, and the supremacy of their re-collect taxes, to borrow money, to regulate comspective laws, when they were in opposition, must be settled. merce, to declare and conduct a war, and to raise and support armies and navies. The sword and the If any one proposition could command the univer- purse, all the external relations, and no inconsisal assent of mankind, we might expect it would be derable portion of the industry of the nation, are this-that the government of the union, though li- entrusted to its government. It can never be premited in its powers, is supreme within its sphere of tended that these vast powers draw after them action. This would seem to result necessarily from others of inferior importance, merely because they its nature. It is the government of all; its powers are inferior. Such an idea can never be advanced. are delegated by all; it represents all, and acts for But it may with great reason be contended, that a all. Though any one state may be willing to con-government, entrusted with such ample powers, trol its operations, no state is willing to allow others on the due execution of which the happiness and to control them. The nation, on those subjects on prosperity of the nation so vitally depends, must which it can act, must necessarily bind its compo- also be entrusted with ample means for their exe, nent parts. But this question is not left to mere cution. The power being given, it is the interest reason: the people have, in express terms, decided of the nation to facilitate its execution. It can it, by saying, "this constitution, and the laws of the never be their interest, and cannot be presumed United States, which shall be made in pursuance to have been their intention, to clog and embar thereof," "shall be the supreme law of the land," rass its execution hy withholding the most approand by requiring that the members of the state le-priate means. Throughout this vast republic, from gislatures, and the officers of the executive and ju- the St. Croix to the Gulph of Mexico, from the dicial departments of the state, shall take the oath Atlantic to the Pacific, revenue is to be collected of fidelity to it. laud expended, armies are to be marched and s 17 ported. The exigencies of the nation may require the general government the power contained in the that the treasure raised in the north should be trans- constitution, and on the states the whole residuum ported to the south, that raised in the east conveyed of power, would it have been asserted that the to the west, or that this or er should be reversed. government of the union was not sovereign with Is that construction of the constitution to be prefer- respect to those objects which were entrusted to it, red which would render these operations difficult, in relation to which its laws were declared to be hazardous, and expensive? Can we adopt that con- supreme? If this could not have been asserted, we struction, unless the words imperiously require it, cannot well comprehend the process of reasoning which would impute to the framers of that instru- which maintains, that a power appertaining to sovement, when granting these powers for the public reignty cannot be connected with that vast portion good, the intention of impeding their exercise by of it which is granted to the general government, so withholding a choice of means? If, indeed, such be far as it is calculated to subserve the legitimate obthe mandate of the constitution, we have only to jects of that government. The power of creating a obey; but that instrument does not profess to enu- corporation, though appertaining to sovereignty, is merate the means by which the powers it confers not, like the power of making war, or levying taxes, may be executed, nor does it prohibit the creation of or of regulating commerce, a great substantive and a corporation, if the existence of such a being be independent power, which cannot be implied as essential to the beneficial exercise of those powers. incidental to other powers, or used as a means of It is, then, the subject of fair enquiry, how far such executing them. It is never the end for which other means may be employed? powers are exercised, but a means by which other objects are accomplished. No contributions are made to charity for the sake of an incorporation, but a corporation is created to administer the charity; no seminary of learning is instituted in order to be incorporated, but the corporate character is conferred to subserve the purpose of education. No city was ever built with the sole object of being incorporated, but is incorporated as affording the best means of being well governed. The power of creating a corporation is never used for its own sake, but for the purpose of effecting something else.No sufficient reason is, therefore, perceived why it may not pass as incidental to those powers which are expressly given, if it be a direct mode of executing them. It is not denied, that the powers given to the government imply the ordinary means of execution. That, for example, of raising revenue and applying it to national purposes, is admitted to imply the power of conveying money from place to place, as the exigencies of the notion may require, and of employing the usual means of conveyance. But it is denied that the government has its choice of means; or that it may employ the most convenient means, if, to employ them, it be necessary to erect a corporation. On what foundation does this argument rest? On this alone: The power of creating a corporation is one appertaining to sovereignty, and is not expressly conferred on congress. This is true. But all legislative powers appertain to sovereignty. The original powers of giving the law on any subject whatever, is a sovereign power; and if the government of the union is restrained from creating a corporation as a means for performing its functions, on the single reason, that the creation of a corporation is an act of sovereignty; if the sufficiency of this reason he acknowledged, there would be some difficulty in sustaining the authority of congress to pass other laws for the accomplishment of the same objects. The government which has a right to do an act, and has imposed on it the duty of performing that act, must, according to the dictates of reason, be allowed to select the means; and those who contend that it may not select any appropriate means, that one particular mode of effecting the object is excepted, have taken upon themselves the burden of establishing that exception, But the constitution of the United States has not left the right of congress to employ the necessary means for the execution of the powers conferred on the government, to general reasoning. To its enumeration of powers is added that of making "all laws which shall be necessasy and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution, in the government of the U. States, or in any department thereof." The counsel of the state of Maryland have urged various arguments, to prove that this clause, though in terms a grant of power, is not so in effect; but is, really, restrictive of the general right, which might otherwise be implied, of selecting means for executing the enumerated powers. They have found it necessary to contend that this clause was inserted for the purpose of confering on congress the power of making laws. That, without it, doubts might be entertained, whether congress could exercise its powers in the form of legislation. The creation of a corporation, it is said, appertains to sovereignty. This is admitted. But to what portion of sovereignty does it appertain? Does it belong to one more than to another? In America, But could this be the object for which it was inthe powers of sovereignty are divided between the serted? A government is created by the people, government of the union and those of the states. having legislative, executive, and judicial powers. They are each sovereign, with respect to the objects Its legislative powers are vested in a congress, which committed to it, and neither sovereign with respect is to consist of a senate and house of representatives. to the objects committed to the other. We cannot Each house may determine the rules of its proceedcomprehend that train of reasoning which would ings; and it is declared that every bill which shall maintain that the extent of power granted by the have passed both houses, shall before it become a people is to be ascertained, not by the nature and law, be presented to the president of the U. States. terms of the grant, but by its date. Some state The 7th section describes the course of proceedings, constitutions were formed before, some since that by which a bill shall become a law; and, then, the of the United States. We cannot believe that their 8th section enumerates the powers of congress relation to each other is in any degree dependent Could it be necessary to say, that a legislature should upon this circumstance. Their respective powers exercise legislative powers, in the shape of legisla must, we think, be precisely the same as if they had tion? After allowing each house to prescribe it been formed at the same time. Had they been formed own course of proceeding, after describing the man at the same time, and had the people conferred on ner in which a bill should become a law, would |